Personal estate planning counsel in Northern California
Estate planning documents reviewed in a California law office

Practice area · Estate Planning

Estate Planning in California

Decide who manages your money, who makes your medical decisions and who inherits what you own — for your lifetime, for a period of incapacity and for after you are gone.

Counsel
Elaine Andrews, Certified Specialist
Service area
Northern California · Office in Truckee
First meeting
Free initial consultation

In plain terms

Estate planning is the legal work of putting valid instructions in place for three moments: your lifetime, a period when you cannot make decisions, and your death. In California a complete plan usually combines a revocable living trust, a pour-over will, a durable power of attorney for finances and an advance health care directive — with real estate deeded and accounts titled so the documents actually control what you own.

What a complete plan has to do

A plan is only as good as the moment it is used. It has to let someone you trust step in without a court if you are incapacitated, transfer your property privately and efficiently when you die, protect children and vulnerable beneficiaries, and account for California rules on community property, probate and property tax. The Andrews Law Firm, P.C. — led by Elaine Andrews, a State Bar of California Certified Specialist in Estate Planning, Trust and Probate Law — builds plans for families across Truckee, Lake Tahoe and the Northern Sierra.

  1. 01 The plan itself The documents in a California estate plan · Why a will alone usually isn’t enough · Funding: the step that makes the trust work
  2. 02 The people it protects Planning for incapacity · Children, blended families and beneficiaries who need protection · Married couples and community property
  3. 03 Property, taxes and time Real estate, family cabins and Proposition 19 · Taxes · Keeping the plan current
Estate planning documents laid out for review on a desk

Chapter 01

The plan itself

Which documents a California plan needs, why a will alone usually falls short, and the funding step that makes a living trust work.

The documents in a California estate plan

Each document covers a different decision, and the gaps between them are where families run into trouble. Most plans include:

  • Revocable living trust — holds title to your home and accounts, names you as trustee during your life and a successor trustee to take over at incapacity or death.
  • Pour-over will — sends any asset left outside the trust into it, and nominates guardians for minor children (Probate Code §1500–1502).
  • Durable power of attorney for finances — lets an agent handle banking, taxes, retirement accounts and property outside the trust; “durable” means it stays effective during incapacity (Probate Code §4124).
  • Advance health care directive — names a health care agent and records your treatment wishes; California provides a statutory form (Probate Code §4701).
  • HIPAA authorization — lets the people you name receive medical information so they can act quickly.

Why a will alone usually isn’t enough

A will works only through probate. In California, assets held in your own name — without a trust, joint tenancy or beneficiary designation — generally require probate when they exceed $208,850 in gross value (deaths on or after April 1, 2025). Probate is public, court-supervised and often takes a year or more, and statutory compensation is calculated on the gross value of the estate, without subtracting mortgages. On a $1,000,000 estate, the executor’s statutory fee is $23,000 and the attorney’s is another $23,000 (Probate Code §10800, §10810). A funded living trust avoids that process for the assets it holds.

Funding: the step that makes the trust work

A trust controls only what it owns. After signing, real estate is deeded to the trustee, bank and brokerage accounts are retitled, and beneficiary designations on life insurance and retirement accounts are coordinated with the plan; retirement accounts stay in your name and pass by beneficiary designation. Real estate in another state — Nevada property is common in this region — should also be held in the trust, or your family may face a second probate there. When an asset is missed, a Heggstad petition (Probate Code §850) can sometimes confirm that it belongs to the trust, but it is far simpler to fund correctly from the start.

A family spending time together at home in the Sierra

Chapter 02

The people it protects

Who steps in if you cannot manage, how children and blended families are protected, and what community property rules mean for married couples.

Planning for incapacity

Without a durable power of attorney, a health care directive and a funded trust, a family may have to ask a court to appoint a conservator to manage finances or make medical decisions (Probate Code §1801). A complete plan names the people who act for you, says when their authority begins and gives them documents that banks, doctors and title companies will accept.

Children, blended families and beneficiaries who need protection

Minor children cannot manage an inheritance, and an outright gift to a minor can require a court-supervised guardianship of the estate. A trust lets you name who manages the money and when children receive it, in stages if you prefer. In a blended family, a plan can provide for a surviving spouse while preserving assets for children from an earlier relationship, and a special needs trust can supplement, rather than replace, a beneficiary’s public benefits.

Married couples and community property

California is a community property state. Whether property is community or separate affects what each spouse can leave and how it is taxed. At the first spouse’s death, both halves of community property can receive a new income tax basis (Internal Revenue Code §1014(b)(6)), which can sharply reduce capital gains tax when the survivor sells. Holding the same assets in joint tenancy can forfeit part of that benefit — one reason couples often hold property in a joint trust as community property.

A mountain cabin in the Lake Tahoe region

Chapter 03

Property, taxes and time

Family homes and cabins under Proposition 19, the federal estate tax, and when a plan needs to be updated.

Real estate, family cabins and Proposition 19

Since February 16, 2021, Proposition 19 limits the parent-child property tax exclusion to a family home or family farm that becomes the child’s principal residence, and only up to the parent’s taxable value plus $1,044,586 for transfers from February 16, 2025 to February 15, 2027. An inherited Tahoe cabin or rental is reassessed to market value. A plan for shared family property can set who may use it, who pays taxes and maintenance, and how one heir can buy out the others.

Taxes

California has no estate, inheritance or gift tax. The federal estate tax applies only above the exemption — $15 million per person in 2026, indexed for inflation — and a surviving spouse can preserve a deceased spouse’s unused exemption by filing a timely estate tax return that elects portability. For most families, the more practical tax questions are capital gains, the step-up in basis and property tax.

Keeping the plan current

Review your plan after a marriage, divorce, birth or death in the family, a move to or from California, the purchase or sale of real estate or a business, or a significant change in tax law. A revocable trust can be amended or restated without starting over (Probate Code §15400).

A couple reviewing paperwork together at a kitchen table

Who this is for

It’s time to plan if any of these is true.

Talk it through
  • You own a home or other real estate in California.
  • You have minor children, or a family member who needs long-term support.
  • You are married, remarried or part of a blended family.
  • You own a business or a share of one.
  • You own property or accounts in more than one state.
  • Your documents were signed before a marriage, divorce, move or major change in the law.
  • You want someone you choose — not a court — to step in if you cannot manage.

How it works

From first meeting to a plan that works.

Direct guidance from a Certified Specialist at every step.

  1. 01

    Free initial consultation

    Talk through your family, what you own, your existing documents and what you want the plan to accomplish.

  2. 02

    Decisions

    Choose trustees, agents and guardians, and decide who inherits what, when and with what protections.

  3. 03

    Drafting and review

    Review the drafts together and refine the terms until they reflect your wishes.

  4. 04

    Signing

    Sign with the formalities California requires, including witnesses for the will and a notary or witnesses for the powers of attorney.

  5. 05

    Funding

    Record deeds, retitle accounts and update beneficiary designations so the trust controls your property.

  6. 06

    Ongoing review

    Revisit the plan when your family, your property or the law changes.

California at a glance

Estate Planning, by the numbers that matter.

Core documents
Trust, pour-over will, financial power of attorney, health care directiveEach covers a different decision: property at death, assets left outside the trust, money during incapacity and medical care.
Probate threshold
$208,850Assets outside a trust above this gross value generally require probate for deaths on or after April 1, 2025 (Probate Code §13100). The limit adjusts every three years.
Guardians for children
Nominated in your willA parent can nominate a guardian of the person and estate of a minor child (Probate Code §1500–1502). The court makes the appointment.
Federal estate tax
$15 million per person (2026)The exemption is indexed for inflation. California has no separate state estate or inheritance tax.

General California and federal information current as of 2026. Figures adjust over time and every situation is different; confirm how a rule applies to you before acting.

Mistakes we see most often.

Signing a trust and never funding it
The trust exists, but the house and accounts are still in your name — so the family ends up in probate anyway.
Relying on joint tenancy
It skips probate at the first death but bypasses your plan, can expose property to a co-owner’s creditors and can cost a surviving spouse part of the community property step-up.
Out-of-date beneficiary designations
Retirement accounts and life insurance follow the beneficiary form, not your will or trust — even when the form still names a former spouse.
Naming a minor as a direct beneficiary
A child cannot take the money outright, so a court may have to appoint a guardian of the estate.
Using forms that don’t fit California
Generic documents can ignore community property, Proposition 19 or California signing formalities.
Never updating the plan
A plan signed before a move, a marriage or a new child may no longer say what you want.

This page covers

  • Revocable living trusts
  • Pour-over wills
  • Durable powers of attorney
  • Advance health care directives
  • Probate avoidance
  • Trust funding
  • Incapacity planning
  • Guardians for minor children
  • Blended families
  • Community property and basis
  • Proposition 19
  • Federal estate tax and portability

In clients’ own words.

All client reviews
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Ronald Schmader profile picture
Ronald Schmader
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As grieving parents of our deceased son, we were in need of guidance with regard to what do we do next. Our son was without a will and, we had no experience with how to proceed. Luckily, we contacted Elane at the Andrews Law Firm Truckee who immediately understood our situation and was able to provide the information we needed and the necessary legal paperwork to resolve our problem. Our problem was magnified by the fact that we live in Milwaukee and involved my son's car for which we could not find the title. Rather than have to return to Truckee after 40 days to request a new title, Elane assisted us in creating a power attorney for a friend in Truckee which negated our having to return to Truckee from Milwaukee to simply apply for a new title. We are very appreciative with the help we found at The Andres Law Firm Truckee. Thank you, Elaine!
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David VanderJagt profile picture
David VanderJagt
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We really appreciate all the excellent work the Andrew’s Law Firm has done with updating our Trust. Her attention to detail is very appreciated and guiding us through our Trust planning has been exemplary . David and Linda VanderJagt
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I “Sue” S profile picture
I “Sue” S
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Quick and efficient handling of my new Trust.
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Stephanie (Lady Lebala) profile picture
Stephanie (Lady Lebala)
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We were referred to Elaine Andrew's law firm through a friend and I'm very happy we went and sat down with her. She quickly recognized a few mistakes in our previous trust and worked to correct them and ensure that our trust followed all legal requirements. We now feel confident that we have a very solid trust for the future.
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Cindy Ann Homer profile picture
Cindy Ann Homer
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Elaine was very supportive and professional. She sincerely listened to my concerns and questions. She advised me of California Laws and guided me through the process of what steps would be the best for preparing my will. Kenneth reviewed page by page of my will with me (before signing) and answered all of my questions. I highly recommend The Andrews Law Firm they made my dreaded will preparation bearable. Thank you.
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Linda Smith profile picture
Linda Smith
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Process was quick and easy. Appreciated all the help they provided.

This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Frequently asked questions

Questions clients ask about estate planning.

Straight answers to start with. Bring your own documents and circumstances to a free consultation for advice that fits.

All frequently asked questions
Do I need a living trust, or is a will enough?

If you own real estate in California or assets above the small-estate limit, a will alone usually means probate. A funded living trust avoids probate for the assets it holds and gives a successor trustee authority if you become incapacitated. You still need a will alongside the trust.

What happens if I die without an estate plan in California?

California’s intestate succession rules decide who inherits. Your share of community property generally goes to your surviving spouse, and separate property is divided among your spouse and your children or other relatives (Probate Code §6401–6402). A court appoints an administrator, and estates above the small-estate limit go through probate.

Does a living trust protect my assets from creditors or lawsuits?

No. Property in a revocable trust remains reachable by your creditors during your lifetime (Probate Code §18200). Asset protection relies on different tools, such as insurance, entities and trusts for heirs.

Does a living trust reduce estate tax?

Not by itself. A revocable trust is neutral for income and estate tax. The federal estate tax applies only above $15 million per person in 2026, and specific provisions or strategies are needed to reduce it.

Who should I choose as trustee?

Someone organized, trustworthy and willing to serve — a family member, a friend or a professional fiduciary. Most people name a first choice and one or more backups; some name co-trustees.

Can I change my plan later?

Yes. A revocable trust can be amended or restated while you have capacity (Probate Code §15400), and a will can be revised or replaced.

Is a handwritten will valid in California?

It can be, if the signature and the material provisions are in your own handwriting (Probate Code §6111). A formal will requires two witnesses who are present at the same time (Probate Code §6110).

I moved to California with documents from another state. Are they still valid?

A will validly signed elsewhere is generally recognized in California (Probate Code §6113), but documents drafted for another state may not address community property, Proposition 19 or California powers of attorney. A review is wise.

What does an estate plan cost?

It depends on the documents involved and the complexity of your family and property. Scope and fees are discussed at the free initial consultation.

Where should I keep my original documents?

Somewhere secure that your successor trustee and agents can reach, and tell them where it is. A safe deposit box that only you can open can delay access when the documents are needed.

How often should I review my plan?

After any major change in your family, property or residence, and otherwise every few years so your documents, titles and beneficiary designations stay aligned.

Does the firm work with clients outside Truckee?

Yes. Elaine works with families in Truckee, Tahoe City, Kings Beach, Homewood, Sierraville and Verdi, and throughout the Lake Tahoe region, the Northern Sierra, Sacramento and the Central Valley, and the Bay Area.

Northern California service areas

Local guidance, without the long list.

Explore the regions where The Andrews Law Firm provides California-focused counsel. Find your community from one organized coverage page, or contact our Truckee office for consultation options.

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Start with one clear conversation.

Bring your questions, your documents and the decisions you want help with. The first consultation is free.